Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698928999735.pdf (Sierra Leone)
3 b A> 5 $[ tf|lrF I t!

otrE.. .
, FR EEI Or/ il * BILATERAL AIR SERVICES AGREEMENT BETWEEN GOVERNMENT OF THE REPUBLIC OF SIERRA LEONE AND GOYERNMENT O}- THE KINGDON,I OF SAUDI ARA.BIA i\TT.\CHMINT (B) DRAFT AIR SERVICES AGREEMENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF SAUDI ARABIA AND THE GOVERNMENT OF THE REPUBLIC OF SIERRA LEONE /1 "1/ / PRIiAMBLE The Govemmcnt of the Kingdonr of Saudi Arabia and the Governmeut of the Rcpublic of Sicrra Lcone (hereinafter, "tlre Contracting Parties"); Being Parties to the Convention on International Civil Ar.iation opened for signature at Chicago on 7 Decernber, 1944: Desiring to promote an international aviation systern based on competition among airlines in the marketplace with minimum government interierence and regulation: Desiring to facilitate the expansion of international air sen'ices oppomrnities: Recognising that efficient and competitive intemational air sen,ices enhance trade, the rvelfare ofconsumers.
and economic grorvth; Desiring to make it possible for airlines to offer the travelling and shipping public a varietv of scn'ice options at the lo[,est prices that are not discriminator] and do not represent abuse of a dominant position.
and lvishing to encourage individual airlines to develop and irnplernent innovative and competitive prices: and Dcsiring to cnsure thc highest depree of safeg and securiry in international air serr.ices and realfinning their grave concem about acts or threats against the security of aircraft.

s,hich jeopardise the safetl.'

of persons or property.

adversely affect the operation of air scn'ices, and undermirre public confidence in the safet-v of civil aviation.
Have asreed as follorvs: I I I I q, I / /( ARTICLE I DEFINITIONS For the purpose of this Agreernent, unless the context otherw.ise requires.

the terms: "Convention'' means the Convcnlion on International Civil Aviation opencd lor signature at Chicago on thc seventh da-v of Decen.rber.
194.1 and includcs anv Annexcs and amcndrncnts adopted under Articles (90) and (94) of thc Convenlion thereof so l'ar as those Amexes arrd amendments have become etlbctir.e for or been ratificd by both Contractin,e Parties; 2.

"Acronautical Authorities" rreans in the casc ofthe Covermnent of the Kingdom of Saudi Arabia, the General Authorit'r of Civil Aviation and in the case of thc' Govcrnment of Rcpublic of Sierra Leone.

the Sierra Lconc Civil Aviation Authorig.

in both cases.
in both cases.

any other person or body authorized to perfornr anv functions presentll' exercised by the said Aeronautical Authorities; 3.

"designated airline" means an airline, designated and authorized in accordance with Article 3 (Designation and Aulhorization) olthis Agreement: 4.

"taril-f' rneans the prices to bc paid for the ceuriage of passengers.

cargo and bagga-ee and the conditions under rvhich thosc priccs apply.
including prices and conditions Ibr agency and other auxilia4' senices but cxcluding rcmuneration irnd conditions firr tlre carriage ol' mail; 5.

"territory" in relation to a State has the meaning assigned to il in Article (2) of the Convention; 6.

"air sen'ice", "Intemational air serv'ice", "airline" and "stop for non-traffic purposes'r have the meaning respectively assigned to them in Article (96) of the Conr.ention: 7.

"Agreement" means this Agreenent.

its Arurcx and any amendmenls thereto: 8.


"Schedule" means the Schedulc ofthe routes to operate air transponation sen,ices annexed to th;s Agrccmcnt and any: arnendmen(s thereto as agrced in accordance sith the provisions ofArticle l7 (Consultation and Amendment) of this Agrccnrent; 9.

"capacity" in relation to "an aircrafi" rneans the payload of that aircraft available on a route or section ofa route; 10.

"spare parts" means articles of a repair or replacemcnt nature for incorporation in an aircrafl .
including enginesl 11.

"regular equipment" means articles, other than stores and sparc parts ofa removable nature.

for use on board an aircralt during fli,eht, including first aid and sun,ival equipmenl; 12.

"lacilities and airport charges" nreans charges made to airlines for the pror,ision of aircraft.

their cretvs and passengers of airport and air navigation facilities.

including relatcd scn'ices and facililies: w/ ?

i fr 13.

"air transportation" mcans the public carriage b)' aircrafl ofpassengers.
ba-egage.

cargo anC mail.

separatell' or in combination.

for remuneration or hire: 14.

"domcstic air transportation" is air transponation in shich passengers.

baggage.

cargo and mail rvhich are taken on board in a Statc tcrritory arc destined to another point in that same State's territori,: 15.

"international air transportation" is air transporlation in r.r,hich the passengers.

baggage.

cargo and nrail lvhich are taken on board in the territorl' ol'one State are desthed to another State: 16.
"intennodal transportalion" means thc public carria-ec b.v aircraft and b1' one or nlore surt-ace modes of transport ol passengcrs.

baggagc, cargo and n.rail- separately or in cornbination.

lor remuneration or hire: 17.

-]CAO"' means the International Civil Aviation Orsanization: and 18.

''code-share" means cooperative marketing arrangements betlveen 11vo or more designated airlines for conducting operations.
ARTICLE 2 GRANTING OF RIGHTS Each Contracting Pafiy grants to the othcr Contracting Party the ri-ehts specificd in this A-ereement for the purpose ol' establishing and operating scheduled international air services on the routes specilied in the Schedule annexed to this Agrccmcnt.

Such scrv'iccs and routes are hereinafter called "the agreed services" and "the specified routes" respectively.

2.

An airline designated by each Contracting Party shall enjoy exercising.
r.r'hilst operating an agreed service on a specified route, the follo\l'in-e rights: (a) to fly.

rvithout landing.

across the territory of the other Contracting Part-v; (b) to make stops in the said teritory for non-traffic purposes; and (c) to rnake stops in thc said territory at the points specified for that route in the schedule annexed to this Agreement.

for the purpose ofputting dorvn and taking on intemational traffic in passengers, cargo.

baggage and mail.

3.


The exercise of traflic rights in intermediate and beyond points specificd in the routes schcdule annbxed to this Agreement is subject to the ncgotiation and approval of their Aeronautical Authorities.

4.

Nothing in paragraphs (l) and (2) ofthis Articlc shall bc decmed to confet on the airline(s) ofone Contracting Parry thc privilege oftaking on.
in the territory ofthe other Contracting Party, passengers, cargo, ba-qgage or mail carried for remuneration or hire and destined for another point in the teritory of that other Contracting Part-v. Q", / ARTICLI J DESIGNATION AND AUTHORIZATION Each Contracting Parq.'

shall have the righr to designate in writing and rhrough the diplomatic channels to the other Contracting Partv one or more airlines ro operate the a-ereed sen,ices and to withdrarv or alter such designation.

2.
2.

On receipt ofsuch a designation, and ofapplication liom the designated airline, in the form and manner prescribed lbr operating authorization.

each Contracting Party shall grant the appropriatc operating authorization rvith minimum procedural delay.
provided that: a) the airline is and rernains substantially orvned and eltcctively controlled by nationals of the Contracting Part-v designating the airlinc; b) the Contracting Pa4v designating the airline is in cornpliance rvitlr the provisions set forth in Article 13 (Air SafcqJ and Article I 4 (Aviation Security) of this Agreement: and c) the designated airline is qualified to meet othcr conditions prescribed under the larvs and regulations nomrally applied to the operation of intcmational air lransport services by the Contracting Party receiving the designation.
d) 'v\rhen an airline has been so desienated and authorized.

it nra)'beoin at any time to operale the Aqreed Sen ices in whole or in part.

provided that it complie!_l,vth]lhe applicable provisions of the Aereement and that a tilnetable is established in accordance u,ith Article l5 of this Aereernent in respect ofsuch services.
ARTICLE 4 WITHHOLDING, REVOCATION A]\'D LLryIITATION OF AUTHORIZATION The aeronautical authorities of each Contracting Party shall have thc right to rvithhold lhc authorizations relerred to in Article 3 (Dcsignation and Authorization) of this Agrcement rvith respect to an airline designated by the orhcr Partr'.

and to revoke.
and to revoke.

suspend (lr irnposc conditions on such authorizations, temporarily or permarrcntlv: a) in the event that they are not satisfied that the airline is and remains substantially owned and effectively controlled b-v-.
nationals of the Contracting Part1" dcsignating the airline; b) in the event of failurc of thc Contracting Part-v designating the airline to comply with the provisions set forth Article I3 (Air Safety) and Article 14 (Aviation Security) of this Agreeinent; or c) in the event of failure that such desi-enated airline is qualified to meet other conditions presc.ribed under the laws and regulations normally applied to the operation of intcmational air transport services by the Contracting Part-v receiving the desigration.
d) Unless irnmediate rcvocation, suspcnsiotl or imposition of the conditions me iongd in paracraph (1) regulations.

such risht shall be exercised onlv after consultation rvith the Aeronautical Authoritv oI the ther Contractins Paffi-.
as provided for in Article l7 q,r 1 / ARTICLE 5 FACILITIES AND AIRPORT CHARGES Each Contracting Par[ shall designate an airporl or airports in its teuitory lor the use of the designatcd airlinc(s) ol 1he other Contracting Parry on specified routcs and provide designated airline of the other Contractills Part-r rvith cornmuniclrir c. ai,iation and rneteorological facilities and other services necessal-1, lbr the operatioll of the agreed sen ices.
2- Ncithcr Contracting Partl'shall irnpose or permit 1o be irnposed on the designated airline(s) of the other Contracting Paq' user charges higher than thosc imposetl on its orvn designated airline(s) operating sin lar intemational air services using similar aircraft and associatcd facilitics and seniccs.

3.

Each Contracting Party may request consultations on user charges.

and any- changes imposed on such charges.


ARTICLE 6 EXEMPTION FROM CUSTOMS AND OTHER DUTIES Aircraft of the designated airline(s) of one Contracting Partl' operating international scrt,iccs as rvell as supplies of fuel.

Iubricating oils.

othe-r cnnsunrable tcchnical supplies.

spare parts.

regular equipment and stores retained on board shall.

upon arriving in or leaving the territory oftle other Contracting Part_v.
be erernpted on the basis of reciprocitl' lrom customs duties, and tiures inspection lees and other similar duties or charges.

provided such equipment and supplies remain on board the aircra{i up to such lime as they re-cxported or are uscd or consurned by such aircraft on flights over that tcrritory.

2.
'Lhere shall also be exemption, on the basis of reciprocilv, fron the samc duties, fees and charges, with the exception of charges corresponding to the service pcrtbnncd: (a) aircrall stores taken on board in thc territory of a Contracting Palty, rvithin airport boundaries and, rvithin limits lixed bi, thc authorities of the said Contracting Party, and for use on a board outbound aircrafl engaged in an intemational air scn'ice of the other Contracting Pa4'; (b) spare parts entered into the territorl, of eithcr Contracting Parq'.
rvithin airpoa boundaries and for thc maintenancc or rcpair of aircraft used on international air services by the designated ailines ofthe other Contracting Parly; (c) fuel and lubricants 10 supply oulbound aircraft opcrated on intemational services by the airlines designated by the other Contracting Party, even rvhen thesc supplies are to be used on the part of the journey performed over the territory ol the Contracting Party in rvhich they are taken on board.

3.
3.

Materials referred to in paragraph (2) above ma1, be placed under the supen'ision or control ol the Customs Authorities up to such time as they may be re-expo(ed or othenvise disposed of in accordance rvith customs regulations.

4.

There shall also be exemption from all custonrs duties and taxes on a reciprocal basis for official documents bearing the badge ofthe airlirre such as luggage tags.

air tickets, ainva)' 4u 5 !

:ills, boarding cards.


and timetahles irnported into lhc tcrritory ol either Contractirrg Parq, for the exciusive use by the desisnated airline ofthe other Contracting Part\'.

ARTICLI 7 PRINCIPLES GOVERNING OPERATION OF THE AGREED SERVICES the designated airline(s) of the t\r'o Contacting Parties shall bc afforded fair and eqr.ral opportunity in the operation ofthe agreed selices on the specificd routes.

I 2.
I 2.

In operating the agreed sen'ices, the designated airline(s) of each Clontractin_e Parfy" shall take into account the interests of the airlinc ofthe other Contracting Partl'so as not to aff'ect unduly the senices.

which the latter provides on the rvhole.

or part o['the samc routes.

3.


The agreed senices provided by the designated airline(s) of the Contracting Pafiies shall have ay their primary objectivc thc provision, at a reasonable load factor of capacity adequate to carr),the current and reasooably antjcipated requirements for the carria_ge of passengers, cargo, baggage and mail between the territory of the Contracting Party designating the airline and the territory of the other Contracting Partl'.
Provision for the carriage of passcngers and cargo including mail both taken on board and discharged at points on the specified routes in the territories of states other than that designating the airline shall bc agreed betrveen the trvo Contracting Parties since capaci5,is rclated to: (a) traffic requirements to and from the territory of the Contractin_e Party, rvhich has desi-snaled the airline; (b) tral c requirements ofthe area through rvhich the agrccd sen,ice passcs, afler taking account ol other transport sen,iccs established by airlines ol'the states comprising the area: (c) the requirements olthrough airline operation.
4.

In order that the designated airline(s) to be afforded fair and equal treatment, the frequency of the services and their capaciq', as rvell as the flight schedules shall be subject to approval by the Aeronautical Authorities of the two Contracting Parties.

This requirement should also be rnet in case ofany change concerning the agreed services.

5.

The Aeronautical Authorities of the trvo Contracting Parties should, if neccssary.
cndeavour to reach a satisfactory aoangenient regarding flight schedules.

capacity and frcqucncies.

ARTICLE 8 APPROVAL OF TIMETA.BLES The designated airline(s) of either Contracting Parry" shall, not laler than sixt) (60) days prior to the date of operation of anv agrced service(s).

submit its proposed time-tables to the Aeronautical Authorities of the other Contracting Party' lbr approval.
Such timetables shall include the typc of sen,ice and aircraft to be used, thc flight schedule and an1' other relevant infbnnation.

'I'his shall.

likervise.

appll,to any subsequent changes.

In special cases, this time limit may be reduced subject to the approval of the said Authorities.

/// 6 /,I h ARTICLE 9 SUPPLY OF STATISTICS The Aeronautical Authorities ol either ContracLin-u Part) shall suppll the Aeronautical Authorities of the other Contracting Part)'.

at their request.
at their request.

\\.ith such intbrrration and statistics relating to the traffic carricd on the agrecd scn'iccs hy thcir dc.signated airlines to and from the territory ol'the other Contracting Pa(), as ma1, nomrally be prepared and submitted b.v the designated airline(s) to its Aeronautical Authorities.

Such data shall include details on volumc.

distribution.

origin and destination ol'thc traffic.


Any additional statistical traffic data rvhich the Aeronautical Authorities of the Contracting Part_v may desire lrom the Aeronautical Authorities ofthe other Contracting Party shall, upon request, be a subject of mutual discussion and a,sreement between the t.r4.o Conlracting Parties.
ARTICLE IO APPLICABILITY OF LAWS AND REGULATIONS 'l-he larvs and regulations of one Contracting Party shall appll to the navigation and operation of the aircraft of the airline(s) desi_snated by the other Contracting Parc,v during entr],into, stay in and departure liom the tenitory of the other Contracting Party.

2.

The larvs and regulations ol one Contracting Party' -eovernin-e entry into.

stay' in and depa(ure from its territory ofpassengers.
baggage, cre\l', cargo or mail such as formalities regarding entry.

exit.

emigration.

inrmigration.

customs.

currencl health and quarantine shall apply to passengers, cre\v.

cargo and mail canied b1' the aircraft of the designated airlinc of thc other Contracting Parry'r.vhilc they are lvithin the said territory.

3.

Each Contracting Party' shall.

upon request.

supply the other Part).

uith copies of thc relevant lau's and rcgulations referred to in this Article.

4.
4.

Neither Contracting Parg'may grant an),pret'crencc to i1s o$'n airlinc with rcgard to the designated airline of the other Contracting Paq' in the application ol' the larvs and regulalions provided for in this Article.

.A,I{TICLtr 1I TRANSFBR OF EARNINGS 1.


Each Contracting Parry grants to the designated airline(s) ofthe other Contracting Party the right of flexible transfer, in accordance with the national laws and rcgulations of the Contracting Party in the tcrritory of rvhich the revcnue accrued, in cor.rnection r,l,ith the carriage ofpassengers.

mail and cargo.

No charges other than normal bank charges shall be applicable to such transf'ers.

2.
2.

If a Contracting Part) irnposes restrictions on the transl'er of revenue accrued bv the designated airline(s) of the other Contracting Party, the lattcr havc thc right to impose reciprocal restrictions on the designated airline ofthat Contracting Parl-v-.

I\I{TICLE 12 I{ECOGNITION OF CERTIFICATES AND LICENSES /1^v 7 / Certificatcs of ainvorthiness.

cenificates ol-competc.ncl' and licenses issued or rendered valid by one Conracting Parq.
'and still in force shall he recognized as valid b;,the other Contracting Partv lor the purpose of operating the agreed sen,ices provided that the requirements under rvhich sr.rch certificates and Iicenses rverc issucd or rendered va[d are equal to or above the minimurn standards lr,hich may be established pursuant to the Convention.

I-Iorvever, each Contractine Part-l rcscncs the right Io refuse to recognizc for the purpose of flighls above or landing rvithin its orvn tc'nitory.
certificatr-s of courpetency and licenses granted to its orvn nationals by the other Contracting Parry*.
2, If thc privileges or conditions ol the licences or ccrtificates refcred lo in paragraph (l) above, issued b), the acronautical authorities ol'one Contracting Partl to an) person or designated airline or in respect ol an aircraft used in the operation of thc agreed services, should permit a diffcrcnce from the minimum standards established under the Convention, and rvhich difference has been filed rvith the lnternational Civil Aviation Organizalion.
the other Contracting Party may request consultations bctween the aeronautical authorities with a vierv tir clarifing the practice in question.

ARTICLE 13 AIR SAFETY Each Contracting Party may request consultations at any time conccrning the safery standards maintained by the other Contracting Partv in arcas relatin,s to aeronautical fhcilities.

flight crerv.

aircrali and the operation of aircraft.

Such consultations shall take place within (30) thirty days ofLhat request.

If.
If.

follorving such consultations, one Contracting Party finds that the other Contracting Party does not effectivel)' maintain and adrninister safet_y standards that meet the Standards established at that time pursuant to thc Convcntion, the other Contracting Party shall be infonned ofsuch findings and ofthe steps considcrccl necessar)'to confonn rvith the ICAO Standards.

The other Contracting Party shall then take appropriate corrective action within (13) thirteen days or an agreed time period.

2.
2.

Pursuant to Article (16) of the Convention.

an-v aircraft operated.

or anl aircraft lhich its ownership docs not belong to the desi_gnatcd airlincs of either of the Contracting Partf in accordance \4'ith the designation pror.ision of this Agreement and is utilized to conduct air seniccs operation in accordance with the provision of this agrecment to and frour the territory of the other Conlracting Part1.. be thc sub.iect of a search b], the authorized representatives of the other Contractrng Partv.
Nohvithstanding the obligations mentioned in Article (33) of the Convention.

the purpose of this search is to verifr the validity of the relevant aircraft documentation, the licensing of its crerv, and that the aircraft equipment and the condition of the akcraft conficrm to the staildards established at that time pursuant to the Convention, provided this does not cause unreasonable delay in the operation olthe aircraft.

3.
3.

When an urgent action is essential to ensure the safcty of an airline operation, each Contracting Parq,reserves the right to immcdiatell, suspend the opcrating authorization ol an airline or airlines ofthe other Contracting Party.

4.

Any action by one Contracting Party in accordance u,ilh paragraph (3) above shall be discontinued once the basis ofthe taking of tlrat action ccascs to exisl.
8 /) 1n, ARTICLE I{ AVIATION SECUzuTY The Contracting Parties reaffirm that their obligation to each other to protecl rhe securitl'of civil aviation against acts of unlarvl'ul intcrlerence lorms an integral part of this Agreement.

Widrout limiting the generalily o[ their rights and obligations under international larry the Contracting Parties shall, in particular.
act in confbrmifr- to the provisions of the Convention of Ofl'ences and Cerlain Other Acts Committed on Board Aircraft signed at Tokyo on l4 September 1963. the Convention for the Suppression of LInlarvful Seizure of Aircraft signed at the Haguc on l6 Dcccmber 1970 and the Convcntion lbr the Supprcssion of Unlarvful Acts against the Safety of Civil Aviation signed at Montreal on 23 Scptember 1971 and the Supplementarl' Protocol for the Suppression of Unlarvful Acts of Violence at Airports Serving International Cir,il Aviation.
signed at Montreal on 24 lrcbruary 1988 and the convention on the marking of plastic explosir,es for the purpose of detection.

done at Montreal on I March 1991. as uell as an1'other convcntion or protocol rclating to civil aviation security rvhich both Contracting Parties adhere to.

2.

The Contracting Parties shall prolide upon request all nccessary assistancc to each other to prcvent ac,ts of unlarv.lul seiz-ure ol civil aircrafl and other unlarvlul acts against the sat'ety of such aircraft.
their passengers and crerv, airports and air navigation facilities, and any otlier tlreat to the securit-y of civil aviation.
3, The Contraoting Parties shall, in their rnutual relations, act in conformi5- to the aviation security provisions established by the International Civil Aviation Or-eanization and designated as Annexes to the Convention lo the extent that such security pror.isions are applicable to the Contracting Partiest they shall rcquire that operators o1' aircraft of their rcgistry or operators ol'aircraft rvho have their principal placc of busincss or pcrmanent residence in their territory and the operators olairports in their terrhory act in confonnity to such aviation security provisions.
4.

Each Contractin-q Party agrees that such operators of aircraft may be requiled to observe the aviation securi6' provisions referred to in paragraph (3) above required by the other Contracting Parry* for cntry into, dcparturc lrom, or rvhilc rvithin thc terrirory of that other Contracting Parg'.

Each Contracting Part), shall cnsurc that adequate measures are effectively applied rvithin its territory to protect the aircraft and to inspect passengers.
crc\'\', can],-on items, baggage, cargo and aircraft stores prior to artd during boarding or loadin-e. Each Contracting Partv shall also gir.e syrnpathetic consideration to an)' request tiom the other Contracting Party for reasonable special security measures to meet a particular theat.

5.

When an incident or threat of an incident of unlarvful seizure of civil aircraft or other unlarvful acts against the salety of sucli aircraft.
occurs to their passcngers and crerv, airport or air nal,igation facilities, the Contracting Partics shall assist each othcr by facilitating communications and otlrer appropriate measures intended to terminate rapidly and salely such incident or threat lhereoL ARTICLE 15 AIRLINE COM 1VIERCIAL RE PR[,SENTATION 9 The dcsignatcd airline(s) o1'one Contracting Partl'shall be entitled.

in accordance r.vith the lau,s and regulations relating to entrv.

residence and cmployment of the othe"r Contracting Part)'.
to bring in and maintain in thc tcrritory.

of thc orher Contracting Party those of its orvn managerial.

techtrical- operational and other spccialisr staff u,ho arc required for the pror isions of the present air sen,ices.

2.

These stalf requiremcnts may, at thc option of the designated airline or airlincs of one Contracting Parq'.

be satisfied bf its own personnel or by usins thc, sen,ices of any other organization.
cornpany or airline operating in the lerritory of the other Contracting Parry* and authorized to perlorm such services lor other airlines.

3.

The representatives and staff shall be subject to the larvs and re_{ulations in lorce of the other Contracting Party.

and consistent witir such lau's and regulations: a) each Contracting Party shall.

on thc basis of reciprocity and lvith tlrc minimum of delay.
grant the necessary emplovment authorizalions, visitor visas or other similar documents to the representatives and stafi' relerrcd to in paragraph ( I ) of this Article: and b) both Contracting Parties shall facilitate and cxpedite the requirement ol'enrplovment authorizations for personnel performing certain temporary duties.

AIITICLE 16 TARIFFS 1.

The tariffs to be charged b-v the designated airline(s) of the Contracting Parties for the agreed serv'ices shall bc established at reasonable levels.
due regard br--ing paid to all relevant factors including cost of operation.

reasonable profit, characteristics of service and the tarifls of the other airlines operating scheduled services over the rvhole or part of the same routes.

2. f'he tariffs refemed to in paragraph (l) of this A-rticlc shall.

if possiblc, bc determined on the basis ofthe forces olsuppll'and dernand in the rnarket.

3.
3.

The tariffs implemented shall be filed to the Aeronautical Authorities of both Contracting Parties for record keeping purposes and proper reaction against any unlair competitive behavior in the rnarket.

4.

If any dispute arises between the designated airline(s) o1" either olthe Contracting Parties due to unlair competitive practice in the market related to tarilf implications.

it should be seftled in accordancc rvith thc provisions of Article 33 (Settlement of Disputes) of this Agreement.

5.
5.

The Contracting Parties shall endeavor to ensure that active and effective nrachinery exisls s,ithin their jurisdictions 1o investigale violations by iiny airline.

passenger or frcig:ht agent, tour organizcr, or freigJrt lbnvarder.

of tariffs established in accordance u'ith this Article.

They shall furthermore ensurc that thc violation of such tarillb is punishable by detement measures on a c(msistent and non-discrirninatory basis.
/'1jt 10 / ARTICLI I7 CONSULTATION AND AMENDMENT In a spirit of close co-operation, the tq'o Contractin_e Panies or thcir Acronautical Authorities shall consult cach othcr fiorn timc to time \\.ith a vicu to cnsuring the implementation of and satisl'actory compliance rvith the provisions ol'this Agreenrent arrd Annex thereto.

2.

If either Contracting Party considers it desirable to arnend an.v ol the provisions of Lhis Agreement, it may request consultation rvith the othel Contracting Pa$'.
Such consultation shall begin within a period olsixty(60) days fiom the date ollhe request.

Any arnendments so agreed shall corne into force ri.lren they have been confinred by an exchange of diplornatic notes lbllou'ing completion of the constitutional or othenvise required procedures.

3.

Arnendments relating only to the provisions of the annexed Schedule may be agteed upon beln'een the Aeronautical Authorities of both Contracting Parties.
Such amendments rvill becorne effective as soon as they are approved by both Aeronautical Authorilies.

ARTICI,E 18 SECURITY OF TRAVEL DOCI]MENTS l. Each Contracting Party agrees to adopt rneasures to ensr-lre the securir-v- of their passports and other travel docurnents.

2.

In this regard.

each Colrtracting Part_v agrees to establish controls on the lauful creation.

issuance, verification and use of passports and other travel docurnents and identitl, docurnents issued by.

or on behalfof.
or on behalfof.

that Contracting Par['.

3.

Each Contracting Pa@-.

also agrees to establish or improve procedures lo ensure that lravel and identitv documcnts issucd by it are of such quality that thcy cannot easily be misused and cannot readily bc unlarvfully altered.

rcplicatcd or issued.

4.

Pursuant to the objectives above, each Contracting Pa4v shall issue their passports and other travel documents in accordance rvith ICAO related Documents and Regulalions.
5. llach Contractin-q Party further agrees to exchange operational information regarding forged or counterfeit travel documents, and to cooperate \f ith thc otlrcr to strcnglhen resistance to tlavel document fraud, including the lbrgery or counterl'eiting of travcl documents, the use of forged or counterfeit travel documents, the usc of valid travel documents by irnposters, the misuse of authentic lravel documents by riglrtful holdcrs in furtherance of the commission of an offence, the use of expired or revoked travel documents, and the use offraudulently oblained travel documents.
ARTICLE I9 INADMISSIBLE AND UNDOCUMENTED PASSENGERS AND DEPORTEES 1 .

Each Contracting Party agrees to establish et'fective border controls- 2. ln this re_9ard.

each Contracting Party agrees to Recomrnended Practices of Annex 9 (Facilitation) implernent the Standards and to thc Convention concernin-s, ll / a ,f, inadnrissible and undocumcntcd passengers al1d deportees in ordcr to cnhancc cooperation to combal illegal migration- 3.
Pursuant to the objectivcs abovc, each Contracting Pafl1' agtecs lo issttt-.

or lo accept.

as the case nray be.

the letler relating lo "liaudulcnt, falsified or counterfejt lravel doculncnts or genuine documents prcscnted by imposters" set out in Anncx 9 (Facilitation) of the Convention.

u,hen taking action undcr rclcvant paragraphs of Chaptcr i of tbe Annex regarding the seizure of fraudulent, falsilled or countcrIeit h'avel documents.

ARTICLE 2O DIRECT TRANSIT Passengers.


baggage and cargo in direct transit throu-sh the lcrritory ol'any Contracting Parry- and not leaving the area of the airport resen,ed for such purpose shall not undcrgo an-v- examination excepl for reasons of aviation securiq', narcotics control.

prevention crf illegal entry or in special circumstanoes.

In this rega[d, baggagc and car-eo in direct transit shall be exempt lrom any custorns duties.
Each Contracting Party agrees ARTICLE 21 FAIR COMPETITION a) that each designated airline shall havc a thir and equal opportunit-\ to compete in providing the intemalional air transportation governed by the Agreeurenl: and b) to takc action to eliminate all lbrms of discrimination or unfair cornpetitive practices adversely affecting the con.rpetitive position of a designated airline of the othcr Conkacling Party.
ARTICLE 22 SAFEGUARDS The Contracting Parties agree that the follorving airline practices ma.r, bc regarded as possible unfair competitive practices thal may rnerit closer examination: a) charging fares and rates on routcs at levels vvhich are, in the aggregate, insufficient to cover the costs ofproviding the services to rvhich they relate; b) the addition ofexcessive capacity or frequency of sen ice; c) the practices in question are sustained rather than temporary: d)the practices in question have a serious negalive economic effect on, or cause significant dama,ee to, another airline: e) the practices in question rellect an apparent intenr or have the probable effect, of crippling, excluding or driving another airline from rhe market.
2. lf the aeronautical authorities ol' one Contracling Part-r consider that an operation or operations intended or conducted b1, the designaled airline of lhe othcr Contracting ParW may constilule unfair competitive beha,r,iour in accordance rvith the indicators listed in f,,, il / paragaph (l) of this Articie, the] may request consultation in accordancr-- tvith Article 17 (Consultation and Amcndment) of rhis Agreement rvith a vicw to rcsoh'ing thc probtcm.
Any such request shall be accompanied by notice of the reasons for the request.

and the consultation shall begin rvithin fifteen (15) da1,s ofthe request.

3.

If the Contracting Parties fail to reach a resolulion ol'the problem through consultations.

either Contracting Parg' ma1, invoke the dispute resolution mechanism under Article 33 (Settlement ofdisputes) ofthis Agrccment to rcsolve thc disputc.
ARTICLE 23 COMPETITION LAWS Thc Contracting Parties shall infonn each other aboul their competition lari,s, policies and practices or changes thereto, and any panicular objectives thereoi rvhich could affect the operation of air fansport services under this Agreement and shall identil-v the authorities resporuible fbr their implernentation.

2.

The Conuacting Parties shal[.

to the e,<tent pernitted under tlreir orvn larvs and regulalions.
assist each other's airlines by providing guidarrce as to the conlpatibility of any proposcd airline practice rvith their competition larvs.

policies and practices.

3.

The Contu'acting Parties shall notifl'each other rvhenever tlrev consider that there rnay be incompatibiliry betrveen the application of their competition larvs.
policies and practices and the matters related to the operation of this Agrcemcntl thc consultation process contained in Article 17 (Consultation and An:endrncnt) of this Agreernent shall, if so rcquestcd bS,either Contracting Pa4'.

be used to determine rvhether such a conllict exists and to seek u,a_vs of resolving or minimizing it.

4.
4.

In the event that aeTeement is not reached, in implementing competition larvs, policies and practices, cach Contracting Partv shall give full and sympathetic consideration to the viervs expressed by the othor Contracting Part_v and shall have regard to intcrnational comity.

moderation and restraint.


ARTICI,E 24 SALE AIYD MARKETING OF AIR SERVICE PRODUCTS Each Contracting Parq'shall accord the designated airlines ofthe othcr Contracting Partv the right to sell and market international air senices and rclated products in its territory (directty or through agents or other intennediaries of the designated airline's choice), including the right to establish offices, both online and off-line.

2.
2.

Each airline shall have the right to sell transpo(ation in the currency of that territory or, at its discretion.

in freely convertible currencies of other counlries, and an1' person shall be free to purchase such transportation in currencies accepted by that airline.

ARTICLE 25 CHANGE OF GAUGE Each designated airline may on any or all flights on the agreed services and at its oplion.
change aircraft in the territory of the other Contracting Party or at an)' point along the specified routes, provided that: /1 13 (/ a) ahcmft used beyond the point ofchange ofaircrali shall be scheduled in coincidence rvith the inbound or outbound aircraft.

as the case ma.v be: and b) in thc case ofa changc of aircrall in the territory ofthe other Contracting Paq,and rvhere more than one aircrafi is operated beyond the point of changc.
not lnore than one such aircraft mal' be of equal sizc and none ma), be larger tha, the aircraft used on the third and fourth freedom sector.

2. lor the purpose of change of gauge operations.

a desi-qnated airline mav use its orvn equipment and.

subject to natioDal regulations, leased equipment.

and ma1'operate under commercial arrangemcnts rvith another airline.

3.

A designated airline rnal, use difl'erent or identical flight numbers for the scctors of its change of aircrall operations.
ARTICLE 26 GROUND HANDLING Subject to applicable safef provisions, including ICAO Standards and Recommended Practices contained in Annex 6 of the Convention, the designated airline nray choose from among competing providers of ground handling sen,ices.

ARTICLE 27 CODESHARING/ COOPERATIVE ARRANGEM ENTS When operating or holding out thc agreed sen ices on the specitied routes.

the designated airline of one Contracting Part1.


r.r,hether as thc opcrating or marketin,e airline ma1, subject to the laws or regulations made pursuant to those larvs o1'the Contractin-q Party tlesignating it, cnter into cooperalive marketin-e arrangements, including but not limited to, joint vcnturcs.

blocked space or code slraring with: a) an ailline or airlines ofeither Contracting Partv.

b) an airline or airlines of a third country.


c) designated airline or airlines on dotnestic routes The arrangements mentioned in paragraphs (b) and (c) are subject to approval of the other Contracting Party.

2.

The entitlements set out in paragraph (l) ofthis Article rnay be exercised only rvhere: a) all such airlines lrold appropriate traffic rights andr'or authorizations 1o operale on the route and segments conccmedl and b) in respect ol any tickets sold.
the airline makes it clear to the purchascr at the point of sale that it is a codeshare service, rvhich airlinc rvill actually opcrate each sector of the service and rvith rthich airline or airlines the purchaser is entering into a conlraclual relationship.

3. l'he capacity offered by a designated airline as the marketing airline on scrvices operated by other airlines shall not be counted against the capacity entitlements o,' the Contracting Party designating the marketing airline.
,q, ARTICLE 28 AIRCRAFT LEASING t4 4 l. Either Contracting Party may prevent the use of leased aircralt for scn ices under this Agreement *,hich does not compll.'

rvith Articles t3 (Air Salet).)

and 14 (Aviation Securiq') of this Agreenrcnt.

2.


Subject to paragraph (l) above- the desi-enated airlines of each C ontracting Par!, ma;- provide sen'ices under this Agreernent by: a) using aircraft dry-leased from any airlincs; b) using aircraft rvet-leased from other airlines of the same Contracling Party; c) using aircrali rvetJeased fi'orn airlines of the other Conracting Party; and d) usin-e aircraft rvetleased from airlines of third countries.
Provided that all airlincs participating in the arran-sements listed in b).

c) and d) above.

hold the appropriate authorization and meel the requirements nolrlally applied to those arrangements.

3.

Notruithstanding paragraph (2) d) above.

the designated airlines of each Contracting l'art-r' may provide services under this Agreernenl by using aircralt rvel-leased on a short-tenn, ad hoc basis from airlines of third countries.
ARTICLE 29 INTERMODAL SERVICES Each designated airline may employ their own or use olhers services for the surlace lransporl ofpassengers an(yor air cargo.

ARTICLE 30 COMPUTER RESERVATION SYSTEMS (CRS) Each Contractir.rg Part_v shall appl-v the ICAO Code of Conduct for thc Regulation and Operation of Computer Reservation Systems rvithin its lerri10ry.
ARTICLE 31 ENVIRONMENTAL PROTECTION The Contracting Parties support the need 10 protect the envirorunent by promoting the sustainable development of ar.iation- The Contracting Parties agree rvith re-sard to operations betlveen their respective territories to comply rvith the ICAO Standards and Recommended Practices (SARPs) ofAnner 16 and the existing ICAO policy and guidance on environmental protection.
ARTICLE 32 BAN ON SMOKING Each Contracting Party shall prohibit smoking on all flights carrying passL'ngers betl'een the territories of the Contracting Parties.

This prohibition shall appll to all locatiolrs rvithin the aircraft and shall bc in effcct from thc time an aircraft commences enplanement ofpassengers to the time deplaning ofpassengers is conrpleted.

2.
2.

Each Contracting Partv shall takc all measures that it considers reasonable to secure compliance by its airlines and bl,their passen-qers and creu,members r.vith the provisions oflhis Adicle, including the imposition of appropriate penalties lor non-compliance.
/^) ^d,/ t5 // L ARTICLE.s3 SETTLEMENT OF DISPUTES l. If an1' dispute arises betrvecn the Contracting Parties relating to the interpretation or application of this Agreernent and its Anncx thc Contracting Parties shall in the first placc endea'r.or to settle it by negotiation.

2.

If the Contracting Parties fail to reach a settlement bv negotiation.

they ma)' agree 10 reler the dispute for an advisory opinion to some person or bod;-.

3.
3.

Ilthe Contracting Partics fail 10 reach a settlement pursuant to paragraphs (1) and (2) abovc, either Contracting Part1.'

ma-v refer the disputc to an arbitral tribunal of three arbitralors- trvo of rvhom to be nominated by the Contracting Parties and one umpire.
In casc the dispute is ref'erred to arbitration, each of the Contracting Parties shall nominate an arbitrator rtithin a period of sixty (60) days from the date of receipt a notice tkough diplomatic channels in respect of reference of the dispute to arbitration and the umpire shall be appointed rvithin a further period of sixty (60) days from the last appointnent by the tlvo so norninated.

lf cither Contracting Partl fails to nominatc its arbitrator u'ithin tlie specilied period.
or nominated arbitrators fail to agrec on the umpire rvithin the said period.

the Presidcnt of the Council of the Inlernational Civil Aviation Organization ma1.. be requested by either Contracting Party to appoint the arbilrator of failing Contracting Parr_v or the umpire as the case may require.

Horvever, the umpire shall be a national of a state having diplomatic relations with both Contracting Parties at the time of the appointment.

4.
4.

Jn the case of the appointment of thc umpire by the Presidenl ol' the Council of International Civil Aviation Organiz.ation.

il'thc Presidcnt of the Council of Intemational Civil Aviation Organization is prevented frorn carry'ing out thc said function or ifhe is a national ofeither Contracting Partl'.

the appointment shall be made b1'the Vice President and if the Vice Presidcnt is also prevenled from carry.ing out thc said func(ion or il'he is a national of either Contracting Party.
the appoinlrnent shall be madc by senior member of the Council ulro is not a national of cithcl Corrtracting Parr-u-.

5.

Subject to other provisions agreed by the Contracting Parties.

the arbitral tribunal shall determine its procedure and the place ofarbitration.

6.

The decisions ofthe arbitral tribunal shall be binding lor the Contracting Parties.

7. the expenses of the arbitral tribunal, including the fees and expenses of the arbitmto$ shall be shared equally by the Contracting Parties.
including any expenses incurred by (ICAO) Council.

ARTICLE 34 CONF'ORMITY TO MULTILATERAL CONVENTIONS OR AGREEMENTS This Agreement and its Anncx u'ill be arnended so as to conlbm to anl rrultilateral conventions or AgTeements, rvhich rnay bccomc binding upon the Contracting Partics.

/) t6 ./I _t I ARTICLE 35 TERMINATION I .

Either Contacting Party may.

at any ime, give notice in writing and through the diplomatic channels to the other Contracting Parg, of its deoision to terminate ih;i Agreement.
Such notice shall simultaneously be communicated to the Intemationa] Civil Aviation Organization.

2.

In such case the Agreement shall terminate-trvelve (12) monihs after the date of receipt of the notice by the other Contracting Party, rmless the notice to terminate is withdrawa by mutual agreement before the expiry of this period.
In the absence of acknowledgement of receipt by the other Contracting Party, notice shall be deemed to have been received fourteen (14) days after the receipt of the notice b,v the Intemational Civil Aviation Organization.

ARTICLE 36 R.EGISTRATION WTfiI ICAO This Agreement and any amendments thereto shall be registered uith the Int6mational Civil Aviation Organization.
ARTTCLE 37 ENTRYINTO FORCE This Agreement shall enter into force on the date of the last notification llrougb diplomatic notes by either Contracting Parq to the other Contracting Party that it has fulfilled the necessary measures in accordarce vl'ith its laws and regulations for the entry into force of this Agreement.

In witness wtereof the undersigned plenipoteatiaries being duly auttror2ed ty theii reqrectiv-e govemments, have signed this Agreemenl The Route Schedule is an integtal part of this .
{greemenl Done in on AH, in two origilat copies, in the Arabic and English languages, both texts being equally authentic and each Contracting Part1, retains one original in each language for implementation.
AD, corresponding to For ttre Govemment of the Kingdom of Saudi Arabia For the Govemment of the Republic of Sierra Leone * ,17 / /(_ Route Schedule ANNEX Section (l) 'l}le designated airline or airlines olthe Kingdom of Saudi Arabia shall be entitled to operate scheduled intemalional air services in both directions on the routes specified hereafter: Points in the i Kingdom ofSaudi I Arabia I Any Points in the Kingdom of Saudi Arabia Section (2) Intermediate Points Points in the Rcpublic of Sierra Leone Points Bel ond An.v-' Points An1, International Points Anr Points I The designated airline or airlincs of the Republic of Sierra Leone shall be entitled to operal.e schcduled intenrational air scn,ices in both directions on the routes specified hereafter.
Points in the Republic of Sierra Leone Al-v Points Republic of Sierra Leone I Intermediate Points Any Points Points in the Kingdom of Saudi Arabia Anl lntemational Points Points Bevond Anr Points Section (3): Noles on the routes to be operated by the designated airline(s) of [:oth Contracting Parties.

I - Intermediate points and points be1.

'ond on any of the specified routes lnav.


at the option of the designated airline(s), be omitted on any or all flights, provided that any service either be-eins or tenninates in the teriton ol'the Contracting Parq, desi_enating thc airline(s).

2.
2.

Each designated akline(s) may sene intermediate points and points bel.ond specified in the Anncx of the present Agreement on condition that fifth freedom tral'li c rights shall be exercised betrveen these points and the teuitory of the other Contracting Parq,, if an agreement to that effecl is made betrveen thc'two Contracting Partics- 7".

.

t8 I